News & Analysis as of September 19, 2024

Supreme Court of the United States › Offer of Judgment

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

Womble Bond Dickinson on 11/28/2018

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has...more

The Seventh Circuit Forecloses One “Pick Off” Method Under Rule 67, But Leaves A Trail Of Crumbs For Both The Plaintiffs’ And...

Kilpatrick on 7/3/2017

Takeaway: The U.S. Supreme Court ruled in January 2016 in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment has no legal effect and therefore does not serve to moot a class action. 136 S. Ct. 663...more

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

Benesch on 6/22/2017

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more

Advertising Litigation Report: Vol. 2, No. 1

Kramer Levin Naftalis & Frankel LLP on 2/2/2017

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

Sheppard Mullin Richter & Hampton LLP on 4/25/2016

In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. ...more

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

Morrison & Foerster LLP - Class Dismissed on 2/23/2016

In Campbell-Ewald v. Gomez, __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. ...more

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

Cole Schotz on 2/8/2016

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more

Supreme Court Hands Down a Potentially Powerful Class Action Weapon

Clark Hill PLC on 1/26/2016

Last week, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, a closely watched Telephone Consumer Protection Act (TCPA) case. The plaintiff, Gomez, filed a TCPA class action after he received allegedly unwanted (and...more

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

Miller Canfield on 1/25/2016

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more

U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class...

Blank Rome LLP on 1/25/2016

Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer neither moots an individual or class claim. But...more

Supreme Court Rules Settlement Offer Does Not Moot Class Action

McGuireWoods LLP on 1/23/2016

On January 20th, 2016, in Campbell-Ewald Co. v. Gomez, a case closely watched by both sides of the class action bar, the U.S. Supreme Court ruled in an opinion authored by Justice Ruth Bader Ginsberg that an unaccepted Rule...more

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

Mintz - Employment, Labor & Benefits... on 1/23/2016

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more

Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

Kelley Drye & Warren LLP on 1/23/2016

On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of...more

Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

Hinshaw & Culbertson LLP on 1/22/2016

The Supreme Court affirmed the Ninth Circuit's ruling and held that Defendant's unaccepted settlement offer or offer of judgment did not moot Plaintiff's case. Campbell-Ewald Co. v. Gomez, — U.S.— (Jan. 20, 2016)....more

U.S. Supreme Court Rules Pick-Off “Offer” to Class Representative Does Not Moot Claim, But Pick-Off “Payment” Might Succeed

Kilpatrick Townsend & Stockton LLP on 1/21/2016

“Picking-off” a named class representative is a class action defendant’s dream. Faced with a class action in which the named plaintiff seeks a small recovery on an individual basis but an enormous recovery on a class basis,...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

Ballard Spahr LLP on 10/23/2015

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of...

Mintz - Employment, Labor & Benefits... on 8/27/2015

Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an...more

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Supreme Court of the United States › Offer of Judgment

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

The Seventh Circuit Forecloses One “Pick Off” Method Under Rule 67, But Leaves A Trail Of Crumbs For Both The Plaintiffs’ And...

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

Advertising Litigation Report: Vol. 2, No. 1

The U.S. Supreme Court And Workplace Class Actions

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

Supreme Court Hands Down a Potentially Powerful Class Action Weapon

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class...

Supreme Court Rules Settlement Offer Does Not Moot Class Action

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

U.S. Supreme Court Rules Pick-Off “Offer” to Class Representative Does Not Moot Claim, But Pick-Off “Payment” Might Succeed

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of...

Clarification for Class Action Settlements May Be on the Line As Supreme Court Grants Cert in TCPA Case

Supreme Court to Decide Two Cases Addressing Important Class and Collective Action Issues

TCPA Connect - June 2015

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

The Ten Most Significant Class Action Cases of 2014

Update: The Supreme Court Hears Arguments in Genesis HealthCare v. Symczyk

Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?

Supreme Court of the United States › Offer of Judgment

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